INTELLECTUAL PROPERTY RIGHTS IN THE CONTEXT OF AUGMENTED REALITY TECHNOLOGIES: LEGAL CHALLENGES AND EMERGING SOLUTIONS
AUTHOR – MR. SHRIKANT UMAKANT KONDE, PROGRESSIVE EDUCATION SOCIETY’S MODERN LAW COLLEGE
BEST CITATION – MR. SHRIKANT UMAKANT KONDE, INTELLECTUAL PROPERTY RIGHTS IN THE CONTEXT OF AUGMENTED REALITY TECHNOLOGIES: LEGAL CHALLENGES AND EMERGING SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 510-523, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT:
Technologies like augmented reality (AR) are quickly changing sectors like healthcare, education, entertainment, manufacturing, and retail. The intellectual property (IP) regime, however, faces difficult obstacles as a result of this quick expansion since it finds it difficult to adjust to AR’s hybrid character, which involves superimposing digital information on top of real-world surroundings. In AR environments, ownership, infringement, and enforcement present challenges for traditional IP frameworks such as copyright, trademark, patent, and design rights. For example, user-generated AR content creates issues around authorship and licensing, while digital overlays may unintentionally violate real-world trademarks or copyrighted works. Because of overlapping claims and interoperability standards, patent law is especially unclear when it comes to protecting AR hardware, software algorithms, and user interfaces. Additionally, problems with IP rights enforcement in AR settings include
. Patent law also faces ambiguity in protecting AR hardware, software algorithms, and user interfaces due to overlapping claims and interoperability standards. Moreover, enforcement of IP rights in AR spaces is complicated by issues of jurisdiction, digital anonymity, and the ephemeral nature of AR interactions. [1]
A display of a real-world environment with one or more layers of text, data, symbols, images, or other graphical display elements added to it is called augmented reality (AR). Online games are always linked to augmented reality technologies. Beyond online gaming, augmented reality (AR) has permeated every facet of society’s technology-related interactions. AR and other virtual technologies are essential for cutting expenses in marketing and retail. AR is also utilized in the fields of medicine, education, and criminal prevention. In order to save lives in remote locations impacted by natural catastrophes, AR is growing more frequently utilized for humanitarian purposes.
Considered a new technology, the commercialisation of AR may bring incredible business opportunities as well as potential legal risks. In the context of Intellectual Property (IP), AR systems and services can embody a variety of forms of IP. Meanwhile, the operation of AR systems in virtual spaces is raising concerns about how to deal with data breaches and privacy issues.
Augmented reality (AR) is a relatively new technology that enables the blending of virtual elements with the real world in various proportions, achieving a level of immersion that no virtual reality equipment can provide. Recent advances in computer and vision technology enable AR systems to go beyond indoor applications (e.g., surgery and inspection of hazardous environments) to support complex analysis, decision-making, and governance processes. [2]Augmented Reality is a combination of a real and a computer-generated or virtual world. It is achieved by augmenting computer-generated images in the real world. It has many applications in the real world. AR is used in various fields, including medical, education, manufacturing, robotics, and entertainment. Augmented reality comes under the field of mixed reality. It can be considered as an inverse reflection of Virtual Reality. They both have certain similarities and differences.[3]
Keywords: Augmented Reality, Intellectual Property Rights, Copyright, Trademark, Patent Law, Digital Content, Legal Challenges, Emerging Solutions.
[1] Gervais, D. J. (2019). Exploring the Interfaces Between Big Data and Intellectual Property Law. Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC), 10(2), 101–113.
[2] Sisi Zlatanova Professor at UNSB Built Environment https://www.academia.edu/download/50447644/Augmented_Reality_Technology20161120-9929-1shp9s9.pdf
[3] Riya Aggarwal, Abhishek Singhal https://ieeexplore.ieee.org/abstract/document/8776989